Editor's Note :

Editor's Note :

The Court expects to issue decisions in argued cases on both Tuesday and Wednesday at 10 a.m. We will begin live-blogging at approximately 9:45 both days. The Court also has confirmed that the audiotape of Wednesday’s hearing in King v. Burwell will not be released on that day, but on Friday, as is usual.
Tuesday's live blog will be available here.
Wednesday's live blog will be available here.

Cole v. Harris

Petition for certiorari denied on October 1, 2012
Docket No. Op. Below Argument Opinion Vote Author Term
11-1334 6th Cir. N/A N/A N/A N/A OT 2012

Issue: Whether, if a complaint is dismissed for failing to meet the requirement of Federal Rule of Civil Procedure 9(b), that the circumstances of the fraud be stated “with particularity,” and additional requirements added by the Private Securities Litigation Reform Act of 1995 (“PSLRA”), including the requirement to plead facts “giving rise to a strong inference” of scienter, the dismissal should be “with prejudice,” despite the general provision of Federal Rule of Civil Procedure 15(a)(2) that courts should “freely give” leave to amend a pleading “when justice so requires,” on the grounds that to allow a plaintiff to file an amended complaint with more detail would “frustrate the purpose” of the PSLRA.

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